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HomeMy WebLinkAboutResolution 2024 f ' � 1 .! • � a C�t� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 2024 • - • • A RESOLIITION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISI0�3 15 (C) � FILE #1027 WH�RBAS, Corinne G. Pillsbury (hereinafter "the applicant") is the owner of the property located at 1200 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as follows: Those parts of Lots 1 and 10, and of the abandoned parts of Center Avenue and of the County Road as laid out on the plat of Rearrangement of Orono Point described as beginning at the point of intersection of the Westerly line of Lot 3 extended and the extension of the North line of the South 100 feet of Lot 1; thence Northwesterly along the extension of said Westerly line of . Lot 3 to its intersection with the Southerly line of County Road No. 7 as now laid out; thence Easterly and Northeasterly along the Southerly line of said road to its intersection with the • extension of the North Iine of Lot 1 ; thence East to the Northeast corner of Lot 1; thence Southerly along the Ea.sterly � line of Lot 1 to its intersection with the North line of the South 100 feet of Lot l; thence West to the point of beginning . all in Rearrangement of Orono Point, according to� the plat thereof on file or of record in the office of the Registrar of Deeds in and for said CouMty; (hereinafter the "property"); and WH�R�AS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) to permit the construction of a 6 foot high wall within the street yard of a lakeshore lot that is not adjacent to a major thoroughfare for a distance of 125 feet where only a 3 to 3� foot wall is allowed. NOW, THEREFORE, B$ IT RESOLVED by the City Counci 1 of Orono, Minnesota: . • FINDINGS 1. This application was reviewed as Zoning File #1027. 2. The property is located in the LR-lA Lakeshore Residential Zoning District. 3. The proposed variance, as amended by the Council, will create • no hazards or sighting problems for users of County Road 15 or Bracketts Point Road. Page 1 of 4 � Cit� o� ORONO • � RESOLUTION OF THE CITY COUNCI L � NO. 2024 • - • • 4. The_ praperty is located on a busy curved section of County Road 15 requiring screening from noise and car Tights along the major roadway. 5. A privacy fence in excess of 3� feet has been located adjacent to the County Road and Bracketts Point Road for many years on the property. 6. The structure is unique and to decrease the height within a single section of wall would destroy the integrity of the structure. 7. The City Council has consiclered this application including the findings and recommendations of the Planning Commission, ' reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the • community. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general ly to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLDSYONS, ORDER AND CONDITIOFIS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section � 10.03, Subdivision 15 (C) to amend applicant's original proposal and to permit the construction of a 6 foot high wall within the street yard of the property adjacent to Bracketts Point Road for a distance of approximately 55 feet or up to the north side of the entrance drive, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of • the date of Council approval, or this variance will expire on that date (July 28, 1987). Page 2 of 4 ., . , Clt� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 2024 • - • • 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shal 1 be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by _the Orono City Couricil on this 28th day of July, 1986. ATT T: . I . � . othy Hallin, City Clerk M ry C. Bu er, Mayor � � . Property Owner(s) • Page 3 of 4 ! ' � r � � ~ - � Ci.t� o� ORONO � � RESOLUTION OF THE CITY COUNCIL� � NO. 2024 • - • • STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this � � day of �� ________, 1986 before me a Notary Public w,�.thin and for aid county, personally appeared ��.cyf��L� �-_ �'7G4�E(�vY� known to me to be the person(s ) described in and who executed the foregoing instrument, and acknowledged that he (��r) executed the same as hi s (�l�r) f ree act and deed. � . NOTA�� ��n■ �;�' ���;;;._ STEPHEN R.PFLAUM �;'3��� NOTARY PUBLIC•MINNESOTA < +1•.' HENNEPIN COUNTY ' � My Commission Expires Nov 19, 19$7 � MY C ` ON EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1986, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and �who executed the foregoing instrument, and acknowledged that he (they) executed the same as his . (their) free act and deed. NOTARY PUBLIC . � MY COMMISSION EXPIRES Page.:°4; of 4 .